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(영문) 광주지방법원 2014.09.16 2014가단20757
물품대금
Text

1. A and the rehabilitation obligor south Construction Co., Ltd., which are joint management by the defendant rehabilitation debtor and remaining construction companies;

Reasons

1. Basic facts

A. Defendant Jeonnam Development Corporation (hereinafter “Defendant Corporation”) awarded a contract for construction sections 2-2, 2-3 of the joint innovation city development project to Namnam Construction Co., Ltd. (hereinafter “Seoulnam Construction”), and the construction works in Nam Young-gu entered into a subcontract for construction works of water supply and drainage works, etc. (hereinafter “2-2 construction”) among the construction sections 2-2, and among the construction sections 2-3 (hereinafter “2-3 construction works”), the said construction works entered into a subcontract for construction works of water supply and drainage works, etc. (hereinafter “2-3 construction”).

B. On May 12, 201, the remaining construction is under rehabilitation procedures after obtaining the rehabilitation plan approval on December 19, 201, from the court 2011 as a joint venture12, and the rehabilitation procedure is under way after obtaining the rehabilitation plan approval.

C. The Defendants and the non-party company agreed to pay the subcontract price of the non-party company directly to the non-party company pursuant to Article 35(2) of the Framework Act on the Construction Industry.

On April 201, the Plaintiff entered into a ready-mixed supply contract with Nonparty Company 2-2 at the construction site and supplied ready-mixeds equivalent to KRW 33,118,140 at the 2-2 construction site from September 4, 2012 to March 11, 2013. However, the Plaintiff received KRW 15,692,160 from Defendant Corporation and did not receive the remainder of KRW 17,425,980 (=33,118,140 - KRW 15,692,160).

E. On August 14, 2012, the Plaintiff entered into a ready-mixed supply contract with Nonparty Company 2-3 at the construction site and supplied ready-mixeds equivalent to KRW 91,061,60 at the 2-3 construction site from August 11, 2012 to March 22, 2013, but was paid KRW 33,282,040 from Defendant Corporation, and was not paid the remainder of KRW 57,79,560 (= KRW 91,061,60 - KRW 33,282,040).

F. Around May 2013, the co-manager of Defendant Southern Construction requested the Defendant Corporation to suspend the direct payment of the subcontract price of the non-party company on the grounds of Article 35(4) and (5) of the Framework Act on the Construction Industry. The co-manager of the non-party company and the Defendant Nam Young Construction adjusted the 2-2 and 2-3 construction around July 2, 2013 to KRW 58,589,000, and the Defendant Corporation around July 2, 2013.

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